Between Cultural Boundaries and Legal Traditions: Ethics in International Commercial Arbitration

2001 ◽  
Author(s):  
Catherine A. Rogers
Author(s):  
Carolina Arlota

International commercial arbitration is often considered the principal method for solving disputes between international business parties mainly because of its final and binding nature. International commercial arbitration is a valued alternative to litigation in foreign courts, while also avoiding simultaneous legal claims in different jurisdictions around the globe. In this context, effective communication among private parties, which is defined as steering clear of potential miscommunications among them in international business transactions, is essential for the negotiation of successful arbitration agreements and efficient international arbitral proceedings. Complexities concerning the communication among parties located in different countries—with different cultures and distinct legal traditions—abound. Such complexities are informative of the main stages of international commercial arbitration, namely, before reaching the negotiation table, during the writing of the arbitration agreement, and after a legal dispute arises. This topic has not been subject to comprehensive analysis, despite its significant impact on the parties’ business needs and related optimization of their interests. In addition, trending relevant issues in the field include the recently signed Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, the increasing judicialization of international arbitration proceedings, the increasing use of artificial intelligence and empirical studies in international commercial arbitration.


Author(s):  
Simon Greenberg ◽  
Christopher Kee ◽  
J. Romesh Weeramantry

2018 ◽  
Vol 18 (2) ◽  
pp. 59-84
Author(s):  
Slavomír Halla

Abstract Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.


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